2.2 Flashcards
Constitution
The fundamental rights of the inhabitants and how the state is organised
Fundamental rights/human rights
The basic rights you need to live a life of basic human dignity
Also called human rights because they should be guaranteed for every person all over the world
Classic fundamental rights
Right to equal treatment, freedom of religion, freedom of expression and the right to bodily integrity, these rights must be guaranteed by government
Fundamental social rights
Right to work, healthcare and housing
Government can’t guarantee these rights but must make an effort
Trias politica
The principle of the separation of power, no single person or body has absolute political power
Trias politica which 3?
1- legislative branch
2- executive branch
3- judicial branch
Legislative branch
Makes the laws that citizens and the government must follow, assigned to parliament and not government
Executive branch
Handles implementation of laws that have been approved, government is responsible for this
Judicial branch
Makes decisions in conflict and assesses whether someone has broken the law
Checks and balances
Each if the 3 branches accountable to the other 2
Challenge
If a judge appears biased you can seek disqualification by making a challenge (wraking)
Principle of legality
The government is only allowed to restrict the freedoms of citizens if those restrictions have already been laid down in laws
Legal basis
Everything the government does has to have a legal basis